Megumi Ochi

The Premises of International Criminal Procedure (eBook, PDF)

Identifying the Principles in International Collaboration

• Format: PDF

Produktbeschreibung

What are the premises unique to international criminal procedures that differentiate them from the domestic law of any State? International criminal procedure refers to the procedural law that governs procedures before the International Criminal Justice Institutions, e.g. the International Criminal Court (ICC). This book examines the principles of international criminal procedure from the perspective of the circumstances and values ¿¿(= premises) on which they are premised. It applies Premise Theory of general principles of law and conducts a comprehensive empirical analysis of the Court's practice, and reviews the premises that have been proposed by previous research that has adopted a mainly teleological or theoretical approach. Specifically, it examines the principles that govern international criminal procedures, especially the activities of the ICC, in the chronological order of the procedures (investigation ¿ prosecution (indictment) ¿ extradition ¿ (prohibition of) trial (in absentia) ¿ redress for the rights of accused persons ¿ examination of evidence ¿ reparation for victims) and highlights their characteristics by comparing them with the legal principles that govern similar phenomena in domestic laws.

Based on the empirical findings, this book reveals some of the premises inherent in the ICC's procedural legal system, which are, in fact, distinct from the primary emphasis in the preamble of the ICC Statute. The preamble refers in broad terms to the seriousness of the core crimes and the importance of "the prevention of impunity" and the need for all States to exercise their criminal jurisdiction to prevent these crimes and to make this possible through international cooperation. In procedural practice, however, the ICC's complementarity to national sovereignty, the second factor of the ICC Statute, as well as the obligation under the law of treaties and the human rights of the accused, which do not appear in the preamble, seemed to play stronger roles in the determination of the procedural principles applied at the ICC.

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Produktdetails

• Verlag: Springer Nature Singapore
• Seitenzahl: 209
• Erscheinungstermin: 22. November 2024
• Englisch
• ISBN-13: 9789819767861
• Artikelnr.: 72210142

Autorenporträt

Megumi Ochi is an academic and legal professional who specializes in International Criminal Law and currently serves as an associate professor at the Graduate School of International Relations, Ritsumeikan University, Kyoto, Japan. She obtained her PhD in Law from Osaka University, Japan, and an LL.M. from Leiden University in the Netherlands. She has been a senior fellow at Case Matrix Network (CMN) (2016-2024) and an active member of the governing bodies of the International Association of Penal Law (AIDP) (2014-2024). She has published two monographs on international criminal procedure in Japanese and co-edited three books on international criminal justice in English.

Inhaltsangabe

Introduction: What Are the Premises Inherent in International Criminal Procedure?.- Principles Concerning Parallel Investigations and Parallel Prosecutions of Core Crimes.- Principles Concerning Priority of Extradition for Core Crimes.- Principles Prohibiting Core Crimes Trials in absentia.- Principles Concerning Redress for the Rights of Accused Persons in International Criminal Justice.